To most Americans, the of 1973 has been an astounding success, saving from extinction, including iconic birds like the Bald Eagle and Whooping Crane. But it鈥檚 far from an industry darling. Critics of the law argue that it puts an unnecessary burden on the land users that brush up against it. Their frustrations have, in turn, inspired a fresh wave of political efforts intended to make the law more maneuverable for businesses鈥攁 push conservationists fear will undermine the species it protects.
According to the Center for Biological Diversity, since January of 2017 have been introduced in Congress that would simplify, restrict, or outright weaken the act, ranging from attempts to delist individual species to defunding specific projects. 鈥淭he vast majority of these proposals are basically lobbing bombs at the ESA,鈥 says Ya-Wei Li, the director for biodiversity at the , a nonprofit that seeks to improve conservation policies for wildlife and people. So far, none of the legislation has passed, but the hits keep coming: This summer, the House Western Caucus put forth that in part loads more bureaucracy onto the ESA to make listings more difficult. In the Senate, John Barrasso (R-WY) introduced that maximizes state鈥攁nd, possibly, industry鈥攑ower over recovery plans.
But the most potent threat might come from the presidential administration itself. In July the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, which administer the ESA, unveiled ostensibly designed to streamline the law鈥檚 implementation. Some conservationists, though, see the proposal more as an attempt to gut the law than reform it. 鈥淚t鈥檚 a direct attack,鈥 says Brian Rutledge, director of 爆料公社鈥檚 Sagebrush Ecosystem Initiative. 鈥淚t鈥檚 really saying industries鈥 needs are more important than the needs of the American public and our wildlife.鈥
Under the proposed changes, agencies deciding whether to list a species would be allowed to cite potential economic losses from missed development, and some federal units undertaking projects that could impact protected species鈥攕ay, floodplain control or a border wall鈥攚ould no longer be required to consult with wildlife experts from other agencies.
Additionally, threatened plants and animals would no longer by default be entitled to the same protections as endangered species. This change wouldn鈥檛 retroactively affect already listed species, but it could result in fewer safeguards for those currently being considered for the ESA, including the Tufted Puffin, Black-backed Woodpecker, and a handful of other bird species.
The proposal would also roll back a rule that restricts development in areas that listed species don鈥檛 currently occupy but might in the future. That could hinder efforts to recover wildlife that occupy a fraction of their historical range and make it tougher to preserve potential climate refuges, such as those identified in .
Conservationists argue that it is possible to reform the ESA without pitting environmental groups against industries. In fact, 鈥渢here鈥檚 a lot of opportunity for common ground,鈥 Li notes. For example, Ethan Lane, executive director of the National Cattlemen鈥檚 Beef Association federal lands program, says that while ranchers have qualms with how the act is implemented, they do recognize healthy ecosystems as integral to their livelihoods. Over the past three years Lane, Li, and Rutledge have all taken part in an effort spearheaded by the Western Governors鈥 Association to come up with , like incentivizing voluntary conservation measures that could help stem the decline of species before agency intervention is required. That鈥檚 the approach that in 2015 resulted in a collaboration to keep the Greater Sage-Grouse off the endangered species list by protecting the sagebrush ecosystem across 10 states鈥攁 plan the Department of the Interior is now trying to dismantle.
But even as they pursue more constructive strategies, conservationists are being forced to play defense against political attempts to chip away at the nation鈥檚 most critical tool for preserving wildlife. The Trump administration鈥檚 proposal is open to public comments through September 24, and should it move forward, green groups will likely challenge a number of the rules in court. In an era when so many species are hurtling toward extinction, Rutledge says, 鈥渨e just don鈥檛 have time for this nonsense.鈥
This story originally ran in the Fall 2018 issue as 鈥淩isky Business.鈥 To receive our print magazine, become a member by .